silver cinema of dreams AGB General terms and conditions of SEACAM

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1 AGB General terms and conditions of SEACAM 1. Scope of application The following general terms and conditions retain validity for the entire current and future business relationship. Changes and side agreements in any case need our explicit written, legally binding consent. The reference to customer s terms on its forms is hereby contradicted. 2. Conclusion of contract Our quotes are subject to change and non-binding. Conclusion of contracts and other agreements only become valid with our written consent. Verbal agreements and confirmations including of those representing us, require written confirmation in order to become legally binding. Documents which are part of the contract such as images, drawings, weights and dimensions are, unless otherwise agreed, only indications. We reserve the right to make design changes. 3. Prices For delivery the prices at time of ordering are valid. Our prices are subject to change and contain, unless otherwise specified, the applicable value added tax (MwSt.) ex works Voitsberg. Special delivery requests will be charged at cost price. The minimum order value is EUR 50. incl. tax (MwSt.). 4. Terms of payment If not otherwise specified our invoices are payable net without discount. All invoices are, unless otherwise agreed, to be paid on prepayment or cash payment only. All bank transfers are to be made so that the recipient is exempt from charges. All open charges will be invoiced in a following invoice. Payments are billed first against potential costs and interest payments, then against the oldest receivable respectively. With the start of the delay or the refusal to accept the delivered goods all open accounts are payable immediately. A set-off on the customer s side can only happen in case of an undisputed and legally binding claim. The same is valid for the assertion of the right of retention. 5. Cancellation of contract In case of default of acceptance or other important reasons such as the customer s bankruptcy or deflected bankruptcy due to lack of funds, as well as delay of payment we retain the right to cancel the contract if it has not been fulfilled completely by both sides. In the case of contract cancellation we have the right to choose whether we prefer a compensation flat rate of 25% of the gross invoice amount or the replacement for the actual damage. If a customer cancels the contract without having the right to do so, we retain the right to choose whether we persist on the fulfillment of the contract or agree with the annihilation. In the latter case the customer is obliged to pay a compensation of 25% of the gross invoice amount or the actual damage. Consumer protection laws for distance selling 5a dictate that the customer has the right to withdraw from the contract within 7 working days whereas Saturday does not count as working day. The deadline starts with the day the goods are received by the customer or with the day of the contract conclusion. It suffices to send off the contract cancellation within this deadline. In case the customer withdraws from the contract according to this regulation, it is the customer s responsibility to cover the cost for the return consignment of the goods. 6. Delivery period The elapse of specific delivery deadlines or dates does not unbind the customer from setting an adequate respite for the service delivery and the declaration that the customer will decline acceptance of the goods after the deadline expiry. Partial delivery is permissible to a reasonable extent. The delivery period may be extended also within a delay in case of force majeure and all unforeseeable circumstances that came into being after contract conclusion which we are not responsible for, in as much as these hindering circumstances have a verifiable and substantial effect on the delivery of the sold goods. This is also valid if these circumstances come into effect with our suppliers and sub-suppliers. Begin and end of these circumstances are communicated to the customer as soon as possible. We cannot be held liable for the delay and absence of delivery as long as we or one of our auxiliary suppliers are not to be held responsible.

2 7. Transfer of perils and insurance In case of delivery delay due the wish or the fault of the customer the goods are stored at the customer s own risk and cost. In this case the delivery announcement has equal validity to the actual delivery. Incidentally the risk is transferred to the customer when the goods are handed to a forwarder or delivery company and at the latest when the goods leave the warehouse. The insurance for common transport risks is covered to the usual extent by us for all shipments. In case of damage we immediately require the postal statement of damage if sent by post and the original letter of consignment as well as the respective statement of damage if shipped by a parcel service. Information on the extent and amount of damage is to be supplied by the recipient immediately via officially approved authorities or in another way. Received parcels are therefore to be checked immediately regarding packaging and content. Claims for compensation against delivery companies are to be secured by refusing acceptance of the goods and retainment of the goods until the liability case has been resolved. 8. Reservation of proprietary rights We retain ownership of the goods until the purchase price has been paid in its completeness. This reservation of proprietary rights is also valid in terms of the claims which do not stand in direct relationship with the proprietary rights of the particular goods but also in terms of the complete business relationship. 9. Notice of defects The customer is to check the received goods immediately upon receipt regarding quantity, appearance and warranted characteristics. We need to be notified of obvious defects in written form within one week of receiving the goods. In case of legitimate complaint it lies in our discretion to either rectify and repair faulty goods or replace these. For the rectification of a defect the customer is to grant us appropriate time and chance and provide us with the faulty item or a sample thereof. If we miss an adequate deadline without having repaired the faulty item or provided a replacement or if the repair or replacement respectively is impossible, fails or we refuse to do so, the customer can then make use of his right of contract cancellation or reduction of the purchase price. 10. Warranty For the duration of 24 months from delivery we warrant that the delivered goods are faultless according to the current state of technology. We do not accept liability for damage and defects due to accidents or due to inappropriate handling or use, lack of attention or nonobservance of user guidelines. Shipment costs are not part of the warranty and are invoiced separately. The warranty expires if you or a person not authorized by us performs repairs on the devices. The warranty does not include the normal wear of cables, battery packs, flash tubes and other parts subjected to normal wear and tear. Damaging the warranty seal results in the expiration of the warranty. Warranty repairs do not extend the total warranty time. This warranty claim is only valid within the EU in non-eu countries the warranty that applied in that country is valid. 11. Return of goods Goods purchased by the customer can be returned only after special consultation with us. Returned goods without consultation with us will not be reimbursed. Authorized return of goods are subject to a handling charge of EUR 50.. Should the goods show signs of use this is then deducted from the catalogue price. For damaged devices the price for repairs and the resulting reduction of the replacement value are deducted from the catalogue price after suitable examination. 12. Repairs For the return of goods for maintenance outside the warranty a detailed description needs to be included regarding the required maintenance which enables us to repair the device properly. A quote will only be issued on explicit demand of the customer. The return of the goods sent in for repairs is done unless otherwise specified exclusively against prepayment. Please note the additional conditions for repairs and service under special conditions. 13. General limitation of liability Our liability conforms exclusively according to the above mentioned rules. The customer s claim for damages from fault during contract conclusion, breach of contractual secondary obligations and unlawful acts are excluded, unless they result from a deliberate act or gross negligence on our behalf or that of one of our auxiliary persons. Seacam cannot be held liable for direct or indirect damage to persons or devices or inbuilt cameras. We retain the right for technical changes or replacement. The limitation of liability applies to the customer as well. Claim to damages according to 12 of the product liability law are excluded unless the regress beneficiary can prove that the mistake was made by us and in a case of gross negligence.

3 14. Place of fulfillment, court of jurisdiction, applicable law Place of fulfillment and sole place of jurisdiction for deliveries and payment of all disputes between the parties is Voitsberg inasmuch as the customer is general merchant, judicial person subject to public law or special property subject to public law. In business relationships with consumers within the European Union it can also be the law of the consumer s place of residence that is applicable in the case that it applies to consumer s rights. We are also entitled to take legal action at the consumer s place of residence. The relationship between the two contract parties are regulated exclusively through the law applicable in Austria excluding the UN convention on contracts for the international sale of goods. SEACAM s special conditions For service requirements and repairs the following special conditions apply insofar as nothing else has been agreed in written form. Incidentally our terms and conditions retain validity. 1. Order By sending us a device the customer places an order for service maintenance and repairs according to what we find to be necessary unless the device is accompanied by the remitter s declaration stating otherwise. Repair orders for older models that are no longer produced are taken only subject to availability of spare parts. 2. Cost estimate We only produce a cost estimate on special request and only if the repair costs are estimated to exceed EUR 250. incl. tax (MwSt.). Is the repair not carried out or is the cost estimate produced on the customer s demand we charge a fee of EUR 35. incl. tax (MwSt.). Cost estimates are produced on the base of non or only partially dismantled device. If during maintenance and repair further damage shows or additional work is required we will inform the customer and only continue with the repair after receipt of the customer s written confirmation if the additional work implies an increase of more than 15% of the initially quoted amount. The cost estimate expires if a repair order is not placed within one month of the submission of the cost estimate. As a rule a cost estimate can only be accepted by written confirmation via fax or . Verbal confirmations by phone only become legally binding after written confirmation of order. 3. Storage Damaged parts that are replaced during repair become the property of Seacam. Should the client wish to receive the replaced parts (i.e. for use of conservation of evidence for an insurance certificate), the customer needs to communicate this at the latest when sending in the damaged device. If returned devices are repaired or not repaired according to the customer s demand or was a repair not possible, they will be returned to the customer at the customer s own expense. In case the return delivery is not possible or not desired by the customer, the devices are available for pick-up during our office hours for three months. After that they are either disposed of at the customer s expense or used by us to cover our costs. 4. Shipment costs For repairs/warranties a part of the cost for shipping and handling is invoiced separately. For devices we return unrepaired because a repair order was not placed we charge the amount for shipping and handling as if it had been a chargeable repair.

4 Disclaimer The contents of this webpage are provided with the utmost care. Seacam does not accept responsibility for the correctness, completeness and up-to-dateness of the provided content. The use of the website content is at the user s own risk. Content labeled with a name reflects the opinion of the respective author and not necessarily that of Seacam. Merely through the use of the website no contract comes into being between the user and Seacam. Accountability This website contains links to other websites. These underlie the accountability of the respective licensee. When linking to the external sites Seacam verified that these did not contain statutory violations. At that no statutory violations were obvious. Seacam has no influence on the current and future design of the linked pages. The setting of external links does not mean that Seacam takes ownership for the content behind these links. A constant control of the content of these external links cannot be reasonably expected of Seacam without concrete reference to statutory violations. When we become aware of such a statutory violation we remove external links immediately. Cookies In order to monitor the visitor s preferences and to be able to then design the webpages accordingly Seacam uses cookies. These facilitate navigating the pages and ensure a high level of user-friendliness. Cookies can be used to find out if previously a communication has happened between your computer and our websites. Data relating to personal details can thus be stored once you have agreed for example in order to provide a secured online access. Naturally you can also browse our website without cookies. You can prevent cookies from being saved on your computer by making the necessary adjustments in your browser and selecting do not accept cookies. You can delete the cookies on your computer anytime. Not accepting cookies can lead to functional restrictions of our website. Google Analytics This website uses Google Analytics. Google Analytics uses so-called cookies, text files which are saved to your computer and enable an analysis of the website usage by the user. The data generated by the cookie about your usage behavior and your IP address is transmitted to a server in the US and saved there. Google uses this information in order to evaluate the website usage, to run reports on the website activity for the website operators and to deliver further services with regards to website and internet usage. Google will also share this information with third parties insofar this is compulsory by law or third parties process this data on account of Google. Google will under no circumstance bring your IP address in connection with other data submitted to Google. By using this website you agree to having your data collected and processed in the aforementioned way for the aforementioned purpose. Copyright Copyright 2009 Seacam. All rights reserved. The contents published on this website are subject to Austrian copyright and ancillary copyright laws. Any use not permitted under Austrian copyright and ancillary copyright laws require our prior written consent. This applies especially to copying, editing, translation, saving, processing and reproduction of contents in databases or other electronic media and systems. Third party contents and rights are labeled as such. The reproduction or transfer of parts of the content or complete pages without prior consent is not permitted and liable to prosecution. Merely the copying and downloading for personal, private and non-commercial use is permitted. Display of this website in foreign frames is permitted only with prior written consent. Registered trademarks CANON is a registered trademark of CANON INC. NIKON is a registered trademark of NIKON CORPORATION. SEACAM is a registered trademark of SEACAM. Data protection By visiting the Seacam website access information such as date, time and the viewed page can be stored. This data is not considered private data since it is anonymous. This data is collected for statistical reasons only. The data is not passed onto third parties neither for commercial nor for non-commercial use. We explicitly point out that data transfer over the internet has security leaks and cannot be protected 100% by access from a third party. Usage of the contact data in the company details section of the website is explicitly not desired unless Seacam has given its prior written consent. Seacam and all parties mentioned on the website herewith explicitly contradict any commercial use of their data and their data transmission onto third parties.

5 Right of access If you have registered as a user with us we also offer you the option of making changes to or deleting the data provided by yourself. On request Seacam informs you if and which of your personal data has been stored with us. If you have any questions regarding your personal data you can always contact our representative for data protection who is also available for requests for information, comments and suggestions and complaints. Security Seacam employs security measures to avoid subjecting the data stored by us to manipulation, loss or access by unauthorized persons. According to technological developments our security measures are constantly updated and improved. View In order to view this website correctly you will need an updated browser version. You can click on the link below to download the latest internet browsers. Please do not hesitate to contact us if you have any further questions. IMPRESSUM SEACAM C. v. Hoetzendorf Strasse Voitsberg, Austria Tel: Fax: service@seacam.com Legal form: Individual enterprise Proprietor: Harald Hordosch Court of jurisdiction: Bezirksgericht Voitsberg Administration according to ECG: BH Voitsberg Tax ID number.: ATU Tax number.: Responsible for content: Harald Hordosch Copyright 2010 Seacam